IMPACT Report

With only two weeks remaining in the 2021 Florida Legislative Session, our director of governmental affairs, Justin Thames, is here to bring you all the latest news from Tallahassee. In this edition of IMPACT Report, he'll cover:

• The status of Florida House and Senate bills 
• The 2021 Legislative Session calendar
• Florida guidance on PPP loans
• And the Florida Legislature's passage of the E-Fairness bill

This Monday: Join us for Advocacy Day

If you’re looking to master the ins and outs of the political process and directly appeal to our state lawmakers on behalf of the CPA profession, then join us on Monday, April 19, for FICPA Advocacy Day. 

We’re hosting an interactive afternoon of politics, advocacy and education, connecting you with state legislators and giving you the opportunity to advance the issues that directly impact the CPA profession. 

You’ll hear from the Florida Legislature’s three certified public accountants – Sen. Joe Gruters, Rep. Mike Caruso, and Rep. Cyndi Stevenson – Florida's chief financial officer Jimmy Patronis, the Florida Chamber of Commerce's Dr. Jerry Parrish and a host of key leaders from the House and Seante. 

As you follow along with each session, you’ll also interact with us in real time on social media, as we all learn from our state’s leaders and help them understand what’s most important to our members all across the state. 

Click here to register now and be sure to follow us on Facebook, LinkedIn, Twitter and Instagram to stay up to date with the FICPA and be ready to go on April 19!

Bill Tracker

SB 616: Public Accountancy 
Referred to Regulated Industries; Commerce and Tourism; Rules 

Requires that certain applicants not be licensed in any state or territory in order to be licensed by endorsement; requires that a majority of the hours required for continuing education include specific content; authorizes certain Florida certified public accountants to apply to the Department of Business and Professional Regulation to have their license placed in a retired status, etc. 

Status: Voted favorable by Regulated Industries: YEAS 9, NAYS 0
              Voted favorable by Commerce and Tourism; YEAS 11, NAYS 0
              On Committee agenda – S-Rules, 4/16/21, 9:00 a.m.

SB 50: Sales and Use Tax by Sen. Joe Gruters, CPA 
Referred to Commerce and Tourism; Finance and Tax; Appropriations 

Expands the definition of the term “retail sale” to include sales facilitated through a marketplace; defining the terms “remote sale” and “substantial number of remote sales”; provides that every person making a substantial number of remote sales is a dealer for purposes of the sales and use tax; provides that certain marketplace providers are dealers for purposes of the sales and use tax; provides that a marketplace seller, rather than the marketplace provider, is liable for sales tax collection and remittance under certain circumstances, etc. 

Effective Date: 7/1/2021 

Status: Voted favorable by Commerce and Tourism: YEAS 11, NAYS 0 
              Voted favorable with CS by Finance and Tax: YEAS 8, NAYS 0 
              Voted favorable with CS by Appropriations: YEAS 18, NAYS 0
              Voted favorable by full Senate: YEAS 30, NAYS 10
              In Messages - House of Representatives
              Voted favorable by full House: YEAS 93, NAYS 24 
              Signed by Officers and presented to Governor
              Governor must act on this bill by 4/19/21

HB 7: Civil Liability for Damages Relating to COVID-19 by Rep. Lawrence McClure  
Referred to Civil Justice and Property Rights Subcommittee; Pandemics and Public Emergencies Committee; Judiciary Committee 

Provides requirements for civil action based on COVID-19-related claim; provides that plaintiff has burden of proof in such action; provides statute of limitations; provides retroactive applicability. 

Effective Date: Upon becoming a law 

Status: Voted favorable by Civil Justice and Property Rights Subcommittee: YEAS 11, NAYS 6 
              Voted favorable by Pandemics & Public Emergencies Committee: YEAS 11, NAYS 6 
              Voted favorable with CS by Judiciary Committee: YEAS 14, NAYS 7 
              Read third time, 3/5/21: Passed: 83 Yeas, 31 Nays
              Received by the Senate; referred to Rules

SB 152: Regulatory Reform by Sen. Manny Diaz Jr. 
Referred to Governmental Oversight and Accountability; Appropriations Subcommittee on Agriculture, Environment, and General Government; Appropriations; Rules 

Establishing the Red Tape Reduction Advisory Council within the Executive Office of the Governor; requiring an agency adopting a rule to submit a rule replacement request to the Administrative Procedures Committee; requiring the committee to examine rule replacement requests and existing rules; requiring the Administrative Procedures Committee to establish a regulatory baseline of agency rules; providing that a proposed rule may not cause the total number of rules to exceed the regulatory baseline, etc. 

Effective Date: 7/1/2021

Status: Filed and referred to Committee 

SB 344: Legislative Review of Occupational Regulations by Sen. Manny Diaz Jr. 
Referred to Governmental Oversight and Accountability; Appropriations; Rules 

Citing this act as the "Occupational Regulation Sunset Act"; establishing a schedule for the systematic review of occupational regulatory programs; providing for the abolition of personnel positions responsible for repealed programs; requiring the Department of Legal Affairs to prosecute or defend certain pending causes of action, etc. 

Effective Date: Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law 

Status: Filed and referred to Committee 
             Voted favorable by Governmental Oversight and Accountability: 5 YEAS, 0 NAYS 
             Committee Substitute Text (C1) filed; now in Appropriations 

SB 154: Local Government Fiscal Transparency by Sen. Manny Diaz Jr.
Referred to Community Affairs; Finance and Tax; Appropriations 

Expanding the scope of a Legislative Auditing Committee review to include compliance with local government fiscal transparency requirements; providing procedures for the Auditor General and local governments to comply with the local government fiscal transparency requirements; revising reporting requirements for certain local government economic development incentives; creating the “Local Government Fiscal Transparency Act”; requiring local governments to post certain voting record information on their websites, etc.

Effective Date: 7/1/2021 

Status: Filed and referred to Committee

HB 1005: Investment of Condominium Association Funds by Rep. Sam Killebrew 
Referred to Insurance & Banking Subcommittee; Civil Justice & Property Rights Subcommittee; Commerce Committee 

Provides & revises condominium association recordkeeping requirements; provides alternative methods & requirements for investment of association funds; provides how earnings, rather than interest, that accrue on reserve funds may be used; excludes contracts for registered investment advisor services from certain requirements. 

Effective Date: 7/1/2021 

Status: Filed and referred to Committee 

HB 969: Consumer Data Privacy by Rep. Fiona McFarland  
Referred to Regulatory Reform Subcommittee; Civil Justice & Property Rights Subcommittee; Commerce Committee 

Consumer Data Privacy; Requires certain businesses to provide notice to consumers about data collection & selling practices; provides consumers right to request that certain data be disclosed, deleted, or corrected & to opt-in or opt-out of sale or sharing of such data; provides nondiscrimination measures, methods for requesting data & opting-in or opting-out of sale or sharing of such data, exemptions, applicability, contracts, & private cause of action, & enforcement & implementation; authorizes DLA to adopt rules. 

Effective Date: 1/1/2022 

Status: Voted favorable with CS by Regulatory Reform Subcommittee: 18 YEAS, 0 NAYS
              Voted favorable with CS by Civil Justice & Property Rights Subcommittee; 17 Yeas, 0 Nays 
              Voted favorable with CS by Commerce Committee

SB 1624: Special District Accountability by Senator Ben Albritton 
Referred to Community Affairs; Governmental Oversight and Accountability; Appropriations 

Requires certain independent special districts to contract with an independent entity to conduct performance audits; requires the Office of Program Policy Analysis and Government Accountability to conduct performance audits of certain classifications of independent special districts; requiring the performance audits to be reported by a time certain; requires that certain data be included in financial audits of special districts, etc. 

Effective Date: 10/1/2021 

Status: Voted favorable by Community Affairs: 7 YEAS, 2 NAYS 
              Voted favorable by Governmental Oversight and Accountability: YEAS 6 NAYS 0 
              Now in Appropriations 

To view more legislation the FICPA is tracking this legislative session, log into your member account and visit our Advocacy Action Center.  

Important Dates for the 2021 Legislative Session

Other News

Florida Addresses PPP Loans 

After lengthy discussions between the FICPA and the Florida House Ways and Means staff, the state’s Revenue Estimating Conference (REC) recently updated its analysis of annual Internal Revenue Code conforming legislation (“Piggyback”) to address the impact of PPP loans on the state’s revenue. Below you will find the REC’s conclusion that the income from the forgiven loans is excluded and the expenditures are deductible for Florida corporate income purposes. The FICPA continues to work with the legislature to have this guidance included in the formal bill analysis of the “Piggyback” legislation. This past week, the Senate filed its version of the “Piggyback” bill, Senate Bill 7082, and included guidance in its analysis. Below is an excerpt of the analysis with additional guidance. Based on this interpretation, it does not appear that the legislature will need to take any further legislative action to address the issue. 

Revenue Estimating Conference PPP analysis:

• Paycheck Protection Program (PPP)
  This PPP analysis is included here for informational purposes as a separate analysis and is not included as an impact for the Piggyback legislation. The Conference assumed that both under law (IRC as of January 1, 2020) or under a straight piggyback bill (adopting the IRC as of January 1, 2021), that PPP loan forgiveness is excluded from adjusted Federal income, and therefore is excluded from Florida taxable income and that expenditures otherwise deductible remain deductible even if PPP loan proceeds were used to pay for them. The Department of Revenue confirmed that it agrees that this assumption reflects its current administration of current law. Therefore, the impact from PPP provisions in current federal law will be used as a condensed adjustment to the CIT baseline by the General Revenue Estimating Conference. 

Senate Bill 7082 - “Piggyback” analysis:  

• Paycheck Protection Program (Exclusion of Forgiven Loans from Gross Income)  
• Present Situation: The Paycheck Protection Program (PPP), established by the CARES Act, is implemented by the Small Business Administration with support from the United States Department of the Treasury. This program provides small businesses with funds to pay up to eight weeks of payroll costs including benefits. Funds can also be used to pay interest on mortgages, rent, and utilities. The funds were provided in the form of loans guaranteed under the federal Small Business Act, which are fully forgivable if the borrower maintains employee and compensation levels, spends loan proceeds on eligible expenses, and spends at least 60 percent of the proceeds on payroll costs. The CARES Act provided that for purposes of the Internal Revenue Code, any amount of PPP loans which would be included as gross income of the eligible recipient by reason of forgiveness is excluded from gross income.  
• Effect of Proposed Change: The bill adopts the CARES Act’s treatment of excluding forgiven PPP loans from gross income for purposes of determining federal taxable income, and such amounts would not be subject to the Florida corporate income tax.  

• Deductibility of Expenses Paid with PPP Loans  
• Present Situation: The exclusion of forgiven PPP loans from gross income under the CARES Act, as discussed above, raised a related question as to whether a taxpayer could deduct otherwise allowable expenses that were paid with PPP loan proceeds. On May 2, 2020, the Internal Revenue Service (IRS) released a notice stating that an existing prohibition against deductions that are allocable to tax-exempt income applied, and therefore a taxpayer could not claim the double tax benefit. The CAA overturned the IRS’ position, expressly providing that “no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income” for both original and subsequent PPP loans, meaning that a taxpayer may deduct PPP-funded expenses from their income.  
• Effect of Proposed Change: The bill adopts the CAA’s construction that PPP-funded expenses are deductible, so any additional deductions taken by a taxpayer for federal income tax purposes would flow through to Florida when calculating its Florida net income.  

Legislature Passes E-Fairness Bill 

On April 8, the Florida Legislature passed the E-Fairness bill, Senate Bill 50 by Sen. Joe Gruters, which requires online retailers to collect sales tax and a few other provisions. The other provisions in the bill were added to alleviate concerns around how the state would allocate the nearly $1 billion in additional revenue that could be generated from the change in law. The solution for the legislature was to use the funds to replenish Florida’s unemployment compensation trust fund to pre-pandemic levels. Afterwards, the additional revenue will be used to offset a reduction of the business rent tax from 5.5% to 2%. The bill is now on Gov. Ron DeSantis' desk, and he has until April 19 to act on the measure. The expectation is that he will sign the bill into law. We will provide a more detailed analysis in an upcoming edition of IMPACT Report.  

Contribute

Contributing to the Florida CPA/PAC helps protect the trust, confidence and esteem the CPA certificate holds in the public’s eye.

Contribute Now

With one month left in the 2021 Florida Legislative Session, our director of governmental affairs, Justin Thames, is staying on top of all the latest news from Tallahassee. In this edition of IMPACT Report, he'll cover:

• The status of Florida House and Senate bills 
• The 2021 Legislative Session calendar
• The IRS' extension of additional deadlines to May 17
• And the FICPA's Virtual Advocacy Day on April 19 

Bill Tracker

SB 616: Public Accountancy 
Referred to Regulated Industries; Commerce and Tourism; Rules 

Requires that certain applicants not be licensed in any state or territory in order to be licensed by endorsement; requires that a majority of the hours required for continuing education include specific content; authorizes certain Florida certified public accountants to apply to the Department of Business and Professional Regulation to have their license placed in a retired status, etc. 

Status: Voted favorable by Regulated Industries: YEAS 9, NAYS 0
              Voted favorable by Commerce and Tourism; YEAS 11, NAYS 0

SB 50: Sales and Use Tax by Sen. Joe Gruters, CPA 
Referred to Commerce and Tourism; Finance and Tax; Appropriations 

Expands the definition of the term “retail sale” to include sales facilitated through a marketplace; defining the terms “remote sale” and “substantial number of remote sales”; provides that every person making a substantial number of remote sales is a dealer for purposes of the sales and use tax; provides that certain marketplace providers are dealers for purposes of the sales and use tax; provides that a marketplace seller, rather than the marketplace provider, is liable for sales tax collection and remittance under certain circumstances, etc. 

Effective Date: 7/1/2021 

Status: Voted favorable by Commerce and Tourism: YEAS 11, NAYS 0 
              Voted favorable with CS by Finance and Tax: YEAS 8, NAYS 0 
              Voted favorable with CS by Appropriations: YEAS 18, NAYS 0
              Voted favorable by full Senate: YEAS 30, NAYS 10
              In Messages - House of Representatives

HB 7: Civil Liability for Damages Relating to COVID-19 by Rep. Lawrence McClure  
Referred to Civil Justice and Property Rights Subcommittee; Pandemics and Public Emergencies Committee; Judiciary Committee 

Provides requirements for civil action based on COVID-19-related claim; provides that plaintiff has burden of proof in such action; provides statute of limitations; provides retroactive applicability. 

Effective Date: Upon becoming a law 

Status: Voted favorable by Civil Justice and Property Rights Subcommittee: YEAS 11, NAYS 6 
              Voted favorable by Pandemics & Public Emergencies Committee: YEAS 11, NAYS 6 
              Voted favorable with CS by Judiciary Committee: YEAS 14, NAYS 7 
              Read third time, 3/5/21; Passed: 83 Yeas, 31 Nays

SB 152: Regulatory Reform by Sen. Manny Diaz Jr. 
Referred to Governmental Oversight and Accountability; Appropriations Subcommittee on Agriculture, Environment, and General Government; Appropriations; Rules 

Establishing the Red Tape Reduction Advisory Council within the Executive Office of the Governor; requiring an agency adopting a rule to submit a rule replacement request to the Administrative Procedures Committee; requiring the committee to examine rule replacement requests and existing rules; requiring the Administrative Procedures Committee to establish a regulatory baseline of agency rules; providing that a proposed rule may not cause the total number of rules to exceed the regulatory baseline, etc. 

Effective Date: 7/1/2021

Status: Filed and referred to Committee 

SB 344: Legislative Review of Occupational Regulations by Sen. Manny Diaz Jr. 
Referred to Governmental Oversight and Accountability; Appropriations; Rules 

Citing this act as the "Occupational Regulation Sunset Act"; establishing a schedule for the systematic review of occupational regulatory programs; providing for the abolition of personnel positions responsible for repealed programs; requiring the Department of Legal Affairs to prosecute or defend certain pending causes of action, etc. 

Effective Date: Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law 

Status: Filed and referred to Committee 
             Voted favorable by Governmental Oversight and Accountability: 5 YEAS, 0 NAYS 

SB 154: Local Government Fiscal Transparency by Sen. Manny Diaz Jr.
Referred to Community Affairs; Finance and Tax; Appropriations 

Expanding the scope of a Legislative Auditing Committee review to include compliance with local government fiscal transparency requirements; providing procedures for the Auditor General and local governments to comply with the local government fiscal transparency requirements; revising reporting requirements for certain local government economic development incentives; creating the “Local Government Fiscal Transparency Act”; requiring local governments to post certain voting record information on their websites, etc.

Effective Date: 7/1/2021 

Status: Filed and referred to Committee

HB 1005: Investment of Condominium Association Funds by Rep. Sam Killebrew 
Referred to Insurance & Banking Subcommittee; Civil Justice & Property Rights Subcommittee; Commerce Committee 

Provides & revises condominium association recordkeeping requirements; provides alternative methods & requirements for investment of association funds; provides how earnings, rather than interest, that accrue on reserve funds may be used; excludes contracts for registered investment advisor services from certain requirements. 

Effective Date: 7/1/2021 

Status: Filed and referred to Committee 

HB 969: Consumer Data Privacy by Rep. Fiona McFarland  
Referred to Regulatory Reform Subcommittee; Civil Justice & Property Rights Subcommittee; Commerce Committee 

Consumer Data Privacy; Requires certain businesses to provide notice to consumers about data collection & selling practices; provides consumers right to request that certain data be disclosed, deleted, or corrected & to opt-in or opt-out of sale or sharing of such data; provides nondiscrimination measures, methods for requesting data & opting-in or opting-out of sale or sharing of such data, exemptions, applicability, contracts, & private cause of action, & enforcement & implementation; authorizes DLA to adopt rules. 

Effective Date: 1/1/2022 

Status: Voted favorable with CS by Regulatory Reform Subcommittee: 18 YEAS, 0 NAYS
              Voted favorable with CS by Civil Justice & Property Rights Subcommittee; 17 Yeas, 0 Nays 
              Now in Commerce Committee 

SB 1624: Special District Accountability by Senator Ben Albritton 
Referred to Community Affairs; Governmental Oversight and Accountability; Appropriations 

Requires certain independent special districts to contract with an independent entity to conduct performance audits; requires the Office of Program Policy Analysis and Government Accountability to conduct performance audits of certain classifications of independent special districts; requiring the performance audits to be reported by a time certain; requires that certain data be included in financial audits of special districts, etc. 

Effective Date: 10/1/2021 

Status: Voted favorable by Community Affairs: 7 YEAS, 2 NAYS 
             Voted favorable by Governmental Oversight and Accountability: YEAS 6 NAYS 0 

To view more legislation the FICPA is tracking this legislative session, log into your member account and visit our Advocacy Action Center.  

Important Dates for the 2021 Legislative Session

Other News

IRS extends additional tax deadlines for individuals to May 17 

On March 29, the Internal Revenue Service announced that individuals have until May 17, 2021, to meet certain deadlines that would normally fall on April 15. Included in the announcement were the following extensions:  

• Time to make contributions to IRAs and health savings accounts  
• 2017 unclaimed refunds  
• 2021 AFSP deadline  

 Notice 2021-21 provides details on the additional tax deadlines which have been postponed until May 17. 

Virtual Advocacy Day

If you’re looking to master the ins and outs of the political process and directly appeal to our state lawmakers on behalf of the CPA profession, then join us on Monday, April 19, for Virtual Advocacy Day. 

We’re hosting an interactive afternoon of politics, advocacy and education, connecting you with state legislators and giving you the opportunity to advance the issues that directly impact the CPA profession. 

You’ll hear from the Florida Legislature’s three certified public accountants – Sen. Joe Gruters, Rep. Mike Caruso, and Rep. Cyndi Stevenson – Florida's chief financial officer Jimmy Patronis, the Florida Chamber of Commerce's Dr. Jerry Parrish and a host of key leaders from the House and Seante. 

As you follow along with each session, you’ll also interact with us in real time on social media, as we all learn from our state’s leaders and help them understand what’s most important to our members all across the state. 

Click here to register now and be sure to follow us on Facebook, LinkedIn, Twitter and Instagram to stay up to date with the FICPA and be ready to go on April 19!

Contribute

Contributing to the Florida CPA/PAC helps protect the trust, confidence and esteem the CPA certificate holds in the public’s eye.

Contribute Now

The 2021 Florida Legislative Session rolls on, and our director of governmental affairs, Justin Thames, is here to get you caught up on the latest news and updates coming out of Tallahassee. In this edition of IMPACT Report, he'll cover:

• The status of Florida House and Senate bills 
• The 2021 Legislative Session calendar
• The IRS' limited extension of the tax-filing deadline to May 17
• The AICPA's request for a June 15 deadline for all taxpayers 
• The release of the 2020 "State and Local Government Compliance Practice Aid"
• And the FICPA's Virtual Advocacy Day on April 19  

Bill Tracker

SB 616: Public Accountancy 
Referred to Regulated Industries; Commerce and Tourism; Rules 

Requires that certain applicants not be licensed in any state or territory in order to be licensed by endorsement; requires that a majority of the hours required for continuing education include specific content; authorizes certain Florida certified public accountants to apply to the Department of Business and Professional Regulation to have their license placed in a retired status, etc. 

Status: Voted favorable by Regulated Industries: YEAS 9, NAYS 0
              Voted favorable by Commerce and Tourism; YEAS 11, NAYS 0

SB 50: Sales and Use Tax by Sen. Joe Gruters, CPA 
Referred to Commerce and Tourism; Finance and Tax; Appropriations 

Expands the definition of the term “retail sale” to include sales facilitated through a marketplace; defining the terms “remote sale” and “substantial number of remote sales”; provides that every person making a substantial number of remote sales is a dealer for purposes of the sales and use tax; provides that certain marketplace providers are dealers for purposes of the sales and use tax; provides that a marketplace seller, rather than the marketplace provider, is liable for sales tax collection and remittance under certain circumstances, etc. 

Effective Date: 7/1/2021 

Status: Voted favorable by Commerce and Tourism: YEAS 11, NAYS 0 
              Voted favorable with CS by Finance and Tax: YEAS 8, NAYS 0 
              Voted favorable with CS by Appropriations: YEAS 18, NAYS 0
              On Special Order Calendar for final vote

HB 7: Civil Liability for Damages Relating to COVID-19 by Rep. Lawrence McClure  
Referred to Civil Justice and Property Rights Subcommittee; Pandemics and Public Emergencies Committee; Judiciary Committee 

Provides requirements for civil action based on COVID-19-related claim; provides that plaintiff has burden of proof in such action; provides statute of limitations; provides retroactive applicability. 

Effective Date: Upon becoming a law 

Status: Voted favorable by Civil Justice and Property Rights Subcommittee: YEAS 11, NAYS 6 
              Voted favorable by Pandemics & Public Emergencies Committee: YEAS 11, NAYS 6 
              Voted favorable with CS by Judiciary Committee: YEAS 14, NAYS 7 
              Read third time, 3/5/21; Passed: 83 Yeas, 31 Nays

SB 152: Regulatory Reform by Sen. Manny Diaz Jr. 
Referred to Governmental Oversight and Accountability; Appropriations Subcommittee on Agriculture, Environment, and General Government; Appropriations; Rules 

Establishing the Red Tape Reduction Advisory Council within the Executive Office of the Governor; requiring an agency adopting a rule to submit a rule replacement request to the Administrative Procedures Committee; requiring the committee to examine rule replacement requests and existing rules; requiring the Administrative Procedures Committee to establish a regulatory baseline of agency rules; providing that a proposed rule may not cause the total number of rules to exceed the regulatory baseline, etc. 

Effective Date: 7/1/2021

Status: Filed and referred to Committee 

SB 344: Legislative Review of Occupational Regulations by Sen. Manny Diaz Jr. 
Referred to Governmental Oversight and Accountability; Appropriations; Rules 

Citing this act as the "Occupational Regulation Sunset Act"; establishing a schedule for the systematic review of occupational regulatory programs; providing for the abolition of personnel positions responsible for repealed programs; requiring the Department of Legal Affairs to prosecute or defend certain pending causes of action, etc. 

Effective Date: Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law 

Status: Filed and referred to Committee 
             Voted favorable by Governmental Oversight and Accountability: 5 YEAS, 0 NAYS 

SB 154: Local Government Fiscal Transparency by Sen. Manny Diaz Jr.
Referred to Community Affairs; Finance and Tax; Appropriations 

Expanding the scope of a Legislative Auditing Committee review to include compliance with local government fiscal transparency requirements; providing procedures for the Auditor General and local governments to comply with the local government fiscal transparency requirements; revising reporting requirements for certain local government economic development incentives; creating the “Local Government Fiscal Transparency Act”; requiring local governments to post certain voting record information on their websites, etc.

Effective Date: 7/1/2021 

Status: Filed and referred to Committee

HB 1005: Investment of Condominium Association Funds by Rep. Sam Killebrew 
Referred to Insurance & Banking Subcommittee; Civil Justice & Property Rights Subcommittee; Commerce Committee 

Provides & revises condominium association recordkeeping requirements; provides alternative methods & requirements for investment of association funds; provides how earnings, rather than interest, that accrue on reserve funds may be used; excludes contracts for registered investment advisor services from certain requirements. 

Effective Date: 7/1/2021 

Status: Filed and referred to Committee 

HB 969: Consumer Data Privacy by Rep. Fiona McFarland  
Referred to Regulatory Reform Subcommittee; Civil Justice & Property Rights Subcommittee; Commerce Committee 

Consumer Data Privacy; Requires certain businesses to provide notice to consumers about data collection & selling practices; provides consumers right to request that certain data be disclosed, deleted, or corrected & to opt-in or opt-out of sale or sharing of such data; provides nondiscrimination measures, methods for requesting data & opting-in or opting-out of sale or sharing of such data, exemptions, applicability, contracts, & private cause of action, & enforcement & implementation; authorizes DLA to adopt rules. 

Effective Date: 1/1/2022 

Status: Voted favorable with CS by Regulatory Reform Subcommittee: 18 YEAS, 0 NAYS

To view more legislation the FICPA is tracking this legislative session, log into your member account and visit our Advocacy Action Center.  

Important Dates for the 2021 Legislative Session

Other News

IRS moves April 15 tax deadline to May 17 ahead of congressional hearing

On Wednesday, the IRS extended the April 15 tax-filing deadline after weeks of advocacy efforts by the AICPA and state CPA societies; the FICPA has been in direct communication with members of Congress from Florida. The announcement came a day before IRS commissioner Charles Rettig was scheduled to testify in front of the House Ways and Means Oversight Subcommittee.  

According to an IRS press release, the relief does not pertain to estimated tax payments that are due on April 15. This IRS extension does not extend to the millions of small business owners and individuals who pay estimated taxes and the following:  

• Trust income tax payments and return filings on Form 1041  
• Corporate income tax payments and return filings on various Forms 1120  

Responding to the announcement by the IRS, AICPA President and CEO Barry Melancon, CPA, CGMA, stated, “While we appreciate the IRS’ recognition that a filing deadline postponement is indeed necessary, the announcement is far too selective in who is receiving relief. This selective decision by the IRS unfortunately creates more bureaucracy and confusion and is out of sync with real world stresses that taxpayers, tax practitioners and small businesses are dealing with.” 

The AICPA has since issued a call to action, encouraging its members to reach out to their elected officials to support a June 15 deadline for all taxpayers.

During Thursday's Oversight Subcommittee hearing, Commissioner Rettig was asked about the status of the IRS backlog and the current filing season. In describing the phone services provided by the agency, Rettig stated, “We are working hard to improve our phone level of service. We face and continue to face enormous challenges. On occasion, we did not get it right, but we should have and we accept that responsibility and I accept that responsibility.” 

The Commissioner also responded to a question regarding a provision in President Biden’s coronavirus relief package that waives taxes on the first $10,200 in unemployment compensation that individuals received last year. “The people who filed should absolutely not file an amended return. We believe that we will that be able to handle this on our own," he said. "We believe that we will be able to automatically issue refunds associated with the $10,200.” The commissioner also indicated that additional guidance would be provided over the coming days.  

The FICPA will continue to support efforts to bring additional tax relief to practitioners and taxpayers. Stay tuned to FICPA social media for any important updates.  

FICPA State and Local Government Committee: Compliance practice aid published 

Annually, the FICPA State and Local Government Committee, in collaboration with the state’s Auditor General, publishes a comprehensive resource for local government auditors: “The State and Local Government Compliance Practice Aid”. 

First published in 1987, the practice aid has proven to be a valuable tool for local government auditors for decades. 

Download the most recent version of the practice here and look for an in-depth history on the committee’s work in the Spring 2021 edition of Florida CPA Today magazine, coming out in April.  

Virtual Advocacy Day

If you’re looking to master the ins and outs of the political process and directly appeal to our state lawmakers on behalf of the CPA profession, then join us on Monday, April 19, for Virtual Advocacy Day. 

We’re hosting an interactive afternoon of politics, advocacy and education, connecting you with state legislators and giving you the opportunity to advance the issues that directly impact the CPA profession. 

You’ll hear from the Florida Legislature’s three certified public accountants – Sen. Joe Gruters, Rep. Mike Caruso, and Rep. Cyndi Stevenson – Florida's chief financial officer Jimmy Patronis, the Florida Chamber of Commerce's Dr. Jerry Parrish and a host of key leaders from the House and Seante. 

As you follow along with each session, you’ll also interact with us in real time on social media, as we all learn from our state’s leaders and help them understand what’s most important to our members all across the state. 

Click here to register now and be sure to follow us on Facebook, LinkedIn, Twitter and Instagram to stay up to date with the FICPA and be ready to go on April 19!

Contribute

Contributing to the Florida CPA/PAC helps protect the trust, confidence and esteem the CPA certificate holds in the public’s eye.

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The 2021 Florida Legislative Session is in full swing, and our director of governmental affairs, Justin Thames, is here to get you caught up on the latest news and updates coming out of Tallahassee. In this edition of IMPACT Report, he'll cover:

• What to expect from the FICPA's Virtual Advocacy Day on April 19
• The status of Florida House and Senate bills 
• The 2021 Legislative Session calendar
• The latest PPP update from the SBA
• The AICPA's call for the postponement of the 2020 filing deadline
• The FICPA's recent discussion with the IRS related to customer-service issues
• And the FICPA State and Local Government Committee's responses to GASB 

If you’re looking to master the ins and outs of the political process and directly appeal to our state lawmakers on behalf of the CPA profession, then join us on Monday, April 19, for Virtual Advocacy Day. 

We’re hosting an interactive afternoon of politics, advocacy and education, connecting you with state legislators and giving you the opportunity to advance the issues that directly impact the CPA profession. 

You’ll hear from the Florida Legislature’s three certified public accountants – Sen. Joe Gruters, Rep. Mike Caruso, and Rep. Cyndi Stevenson – Florida's chief financial officer Jimmy Patronis, the Florida Chamber of Commerce's Dr. Jerry Parrish and a host of key leaders from the House and Seante. 

As you follow along with each session, you’ll also interact with us in real time on social media, as we all learn from our state’s leaders and help them understand what’s most important to our members all across the state. 

Click here to register now and be sure to follow us on Facebook, LinkedIn, Twitter and Instagram to stay up to date with the FICPA and be ready to go on April 19!

Bill Tracker

SB 616: Public Accountancy 
Referred to Regulated Industries; Commerce and Tourism; Rules 

Requires that certain applicants not be licensed in any state or territory in order to be licensed by endorsement; requires that a majority of the hours required for continuing education include specific content; authorizes certain Florida certified public accountants to apply to the Department of Business and Professional Regulation to have their license placed in a retired status, etc. 

Status: Voted favorable by Regulated Industries: YEAS 9, NAYS 0 

SB 50: Sales and Use Tax by Sen. Joe Gruters, CPA 
Referred to Commerce and Tourism; Finance and Tax; Appropriations 

Expands the definition of the term “retail sale” to include sales facilitated through a marketplace; defining the terms “remote sale” and “substantial number of remote sales”; provides that every person making a substantial number of remote sales is a dealer for purposes of the sales and use tax; provides that certain marketplace providers are dealers for purposes of the sales and use tax; provides that a marketplace seller, rather than the marketplace provider, is liable for sales tax collection and remittance under certain circumstances, etc. 

Effective Date: 7/1/2021 

Status: Voted favorable by Commerce and Tourism: YEAS 11, NAYS 0 

             Voted favorable with CS by Finance and Tax: YEAS 8, NAYS 0 

             Voted favorable with CS by Appropriations: YEAS 18, NAYS 0 

HB 7: Civil Liability for Damages Relating to COVID-19 by Rep. Lawrence McClure  
Referred to Civil Justice and Property Rights Subcommittee; Pandemics and Public Emergencies Committee; Judiciary Committee 

Provides requirements for civil action based on COVID-19-related claim; provides that plaintiff has burden of proof in such action; provides statute of limitations; provides retroactive applicability. 

Effective Date: Upon becoming a law 

Status: Voted favorable by Civil Justice and Property Rights Subcommittee: YEAS 11, NAYS 6 

             Voted favorable by Pandemics & Public Emergencies Committee: YEAS 11, NAYS 6 

             Voted favorable with CS by Judiciary Committee: YEAS 14, NAYS 7 

             Read third time, 3/5/21

SB 152: Regulatory Reform by Sen. Manny Diaz Jr. 
Referred to Governmental Oversight and Accountability; Appropriations Subcommittee on Agriculture, Environment, and General Government; Appropriations; Rules 

Establishing the Red Tape Reduction Advisory Council within the Executive Office of the Governor; requiring an agency adopting a rule to submit a rule replacement request to the Administrative Procedures Committee; requiring the committee to examine rule replacement requests and existing rules; requiring the Administrative Procedures Committee to establish a regulatory baseline of agency rules; providing that a proposed rule may not cause the total number of rules to exceed the regulatory baseline, etc. 

Effective Date: 7/1/2021

Status: Filed and referred to Committee 

SB 344: Legislative Review of Occupational Regulations by Sen. Manny Diaz Jr. 
Referred to Governmental Oversight and Accountability; Appropriations; Rules 

Citing this act as the "Occupational Regulation Sunset Act"; establishing a schedule for the systematic review of occupational regulatory programs; providing for the abolition of personnel positions responsible for repealed programs; requiring the Department of Legal Affairs to prosecute or defend certain pending causes of action, etc. 

Effective Date: Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law 

Status: Filed and referred to Committee 

SB 154: Local Government Fiscal Transparency by Sen. Manny Diaz Jr. 
Referred to Community Affairs; Finance and Tax; Appropriations 

Expanding the scope of a Legislative Auditing Committee review to include compliance with local government fiscal transparency requirements; providing procedures for the Auditor General and local governments to comply with the local government fiscal transparency requirements; revising reporting requirements for certain local government economic development incentives; creating the “Local Government Fiscal Transparency Act”; requiring local governments to post certain voting record information on their websites, etc.

Effective Date: 7/1/2021 

Status: Filed and referred to Committee

HB 1005: Investment of Condominium Association Funds by Rep. Sam Killebrew 
Referred to Insurance & Banking Subcommittee; Civil Justice & Property Rights Subcommittee; Commerce Committee 

Provides & revises condominium association recordkeeping requirements; provides alternative methods & requirements for investment of association funds; provides how earnings, rather than interest, that accrue on reserve funds may be used; excludes contracts for registered investment advisor services from certain requirements. 

Effective Date: 7/1/2021 

Status: Filed and referred to Committee 

HB 969: Consumer Data Privacy by Rep. Fiona McFarland  
Referred to Regulatory Reform Subcommittee; Civil Justice & Property Rights Subcommittee; Commerce Committee 

Consumer Data Privacy; Requires certain businesses to provide notice to consumers about data collection & selling practices; provides consumers right to request that certain data be disclosed, deleted, or corrected & to opt-in or opt-out of sale or sharing of such data; provides nondiscrimination measures, methods for requesting data & opting-in or opting-out of sale or sharing of such data, exemptions, applicability, contracts, & private cause of action, & enforcement & implementation; authorizes DLA to adopt rules. 

Effective Date: 1/1/2022 

Status: Filed and referred to Committee 

Important Dates for the 2021 Legislative Session

Other News

PPP borrowers can use gross income, SBA rules  
All text from the Journal of Accountancy on March 2, 2021

The U.S. Small Business Administration (SBA) issued new Paycheck Protection Program (PPP) rules that allow self-employed individuals who file Form 1040, Schedule C, Profit or Loss From Business, to calculate their maximum loan amount using gross income instead of net profit. 

The change opens the door for larger loans to self-employed individuals, many of whom don’t record much, if any, net profit on their Schedule C. 

The calculation change is detailed in a 32-page interim final rule published late Wednesday afternoon by the SBA, which administers the PPP in partnership with Treasury. The SBA also released an updated set of frequently asked questions and six updated or new application forms, as follows. 

• Updated PPP borrower first-draw (Form 2483) and second-draw (Form 2483-SD)  application forms. 
• New PPP first-draw (Form 2483-C) and second-draw (Form 2483-SD-C) borrower application forms for Schedule C filers using gross income. 
• A revised lender application form for PPP loan guaranty (Form 2484) 
• A revised PPP second-draw lender application form (2484-SD) 

• Read the full article here

AICPA Calls for Postponement of Filing and Payment Deadline for the 2020 Tax Year    

Washington, D.C. (March 4, 2021) – In a letter sent today to the Department of the Treasury and the Internal Revenue Service (IRS), the American Institute of CPAs (AICPA) called for the extension of the filing and payment deadline for the 2020 tax year until June 15, 2021.   

Last year, the IRS acknowledged the challenges created by the ongoing pandemic during the 2019 tax year by announcing a payment and filing deadline extension. Those challenges and more still exist in the system, and taxpayers are struggling to resolve issues related to 2019 tax returns due to the IRS inventory backlog.  

The AICPA believes that more should be done for taxpayers during this filing season stating in the letter, “…in the current environment, it is simply not possible for many taxpayers and their tax advisers to meet their filing and payment obligations that are due on April 15.”   

The letter also recognizes the difficulties a postponement of the filing and payment deadlines could create; however, COVID-19 and other circumstances necessitate action to ensure that the millions of affected taxpayers have sufficient time to meet their tax obligations.   

“The effect of numerous legislative changes overloading tax busy season compels us to speak up now,” said AICPA Vice President of Taxation, Edward Karl, CPA, CGMA. “We understand that there are some challenges associated with extending the payment and filing deadlines. However, time is a critical factor. Taxpayers and tax professionals need this postponement, and they need to have certainty about the filing date now.”   

IRS Responds to FICPA Federal Tax Committee Customer Service Quality Letter  

Last Wednesday, at the direction of commissioner Charles Rettig, the IRS Director of Accounts Management and their staff held a conference call with the FICPA chair W.G. Spoor, CPA, Federal Taxation Committee chair Carol Vance, CPA, Esq, and other members of the committee to respond to the customer service quality concerns raised by the FICPA. During the call, IRS representatives shared the agency's continued efforts to improve the level of customer service and highlighted several updates on their progress. This agency is:

• Increasing staffing for filing season and beyond to provide additional support
• Expanding the number of telework employees to address increased call volume
• Implementing an elevated Practitioner Priority Service (PPS) line with a “call back” feature

Of note: The IRS says that all mail has now been opened and is currently being processed.

While the agency continues to process the backlog of correspondence from taxpayers and practitioners, it is encouraging the use of the PPS line to quickly address any notices that clients may have received. 

The FICPA chair and committee members re-emphasized the importance of continued collaboration between the agency and practitioners to bring higher quality service to taxpayers during what looks to be another challenging tax season. The FICPA is grateful for Commissioner Rettig’s attention and commitment to working with stakeholders to improve the agency's operations.

• Read the Committee’s letter here

FICPA State and Local Government Committee Responds to GASB 

On February 26, the FICPA State and Local Government Committee submitted comments to the Government Accounting Standards Board (GASB) Exposure Draft of a proposed Statement of Governmental Accounting Concepts. Read the committee responses here:  

• FICPA Response to GASB Project Number 3-20 - Recognition of Elements of Financial Statements  
• FICPA Response to GASB Project Number 4-6P – Revenue and Expense Recognition 
• FICPA Response to GASB Project Number 3-25 – Financial Reporting Model Improvements  

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With the start of the Florida Legislative Session on March 2 now less than two weeks away, our director of governmental affairs, Justin Thames, is here to get you prepared with this latest edition of IMPACT Report. He'll cover:

• The status of Florida House and Senate bills 
• The 2021 Legislative Session calendar
• Florida's new Secretary of DBPR
• Two letters from the FICPA Federal Tax Committee to the IRS
• And new IRS guidance on FSAs and dependent care assistance programs  

Bill Tracker

SB 50: Sales and Use Tax by Sen. Joe Gruters, CPA 
Referred to Commerce and Tourism; Finance and Tax; Appropriations 

Expands the definition of the term “retail sale” to include sales facilitated through a marketplace; defining the terms “remote sale” and “substantial number of remote sales;” provides that every person making a substantial number of remote sales is a dealer for purposes of the sales and use tax; provides that certain marketplace providers are dealers for purposes of the sales and use tax; provides that a marketplace seller, rather than the marketplace provider, is liable for sales tax collection and remittance under certain circumstances, etc.

Effective Date: 7/21/2021

Status: Voted favorable by Commerce and Tourism: YEAS 11, NAYS 0 

             Voted favorable with CS by Finance and Tax: YEAS 8, NAYS 0 

HB 7: Civil Liability for Damages Relating to COVID-19 by Rep. Lawrence McClure
Referred to Civil Justice and Property Rights Subcommittee; Pandemics and Public Emergencies Committee; Judiciary Committee

Provides requirements for civil action based on COVID-19-related claim; provides that plaintiff has burden of proof in such action; provides statute of limitations; provides retroactive applicability.

Effective Date: Upon becoming a law

Status: Voted favorable by Civil Justice and Property Rights Subcommittee: YEAS 11, NAYS 6 

             Voted favorable by Pandemics & Public Emergencies Committee: YEAS 11, NAYS 6

             Voted favorable with CS by Judiciary Committee: YEAS 14, NAYS 7

SB 152: Regulatory Reform by Sen. Manny Diaz, Jr.
Referred to Governmental Oversight and Accountability; Appropriations Subcommittee on Agriculture, Environment, and General Government; Appropriations; Rules 

Establishing the Red Tape Reduction Advisory Council within the Executive Office of the Governor; requiring an agency adopting a rule to submit a rule replacement request to the Administrative Procedures Committee; requiring the committee to examine rule replacement requests and existing rules; requiring the Administrative Procedures Committee to establish a regulatory baseline of agency rules; providing that a proposed rule may not cause the total number of rules to exceed the regulatory baseline, etc.

Effective Date: 7/1/2021

Status: Filed and referred to Committee

SB 344: Legislative Review of Occupational Regulations by Sen. Manny Diaz, Jr.
Referred to Governmental Oversight and Accountability; Appropriations; Rules 

Citing this act as the "Occupational Regulation Sunset Act;" establishing a schedule for the systematic review of occupational regulatory programs; providing for the abolition of personnel positions responsible for repealed programs; requiring the Department of Legal Affairs to prosecute or defend certain pending causes of action, etc.

Effective Date: Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law 

Status: Filed and referred to Committee

SB 154: Local Government Fiscal Transparency by Sen. Manny Diaz, Jr. 
Referred to Community Affairs; Finance and Tax; Appropriations 

Expanding the scope of a Legislative Auditing Committee review to include compliance with local government fiscal transparency requirements; providing procedures for the Auditor General and local governments to comply with the local government fiscal transparency requirements; revising reporting requirements for certain local government economic development incentives; creating the “Local Government Fiscal Transparency Act”; requiring local governments to post certain voting record information on their websites, etc.

Effective Date: 7/1/2021

Status: Filed and referred to Committee

HB 1005: Investment of Condominium Association Funds by Rep. Sam Killebrew

Provides and revises condominium association recordkeeping requirements; provides alternative methods and requirements for investment of association funds; provides how earnings, rather than interest, that accrue on reserve funds may be used; excludes contracts for registered investment advisor services from certain requirements.

Effective Date: 7/1/2021

Status: Filed

HB 969: Consumer Data Privacy by Rep. Fiona McFarland

Consumer Data Privacy; Requires certain businesses to provide notice to consumers about data collection & selling practices; provides consumers right to request that certain data be disclosed, deleted, or corrected and to opt-in or opt-out of sale or sharing of such data; provides nondiscrimination measures, methods for requesting data and opting-in or opting-out of sale or sharing of such data, exemptions, applicability, contracts, and private cause of action, and enforcement & implementation; authorizes DLA to adopt rules.

Effective Date: 1/1/2022 

Status: Filed 

Important Dates for 2021 Legislative Session

Other News

Gov. Ron DeSantis appoints Julie Imanuel Brown as new Secretary of the Department of Business and Professional Regulation 

On Thursday, Gov. Ron DeSantis announced his appointment of Julie Imanuel Brown as Secretary of the Florida Department of Business and Professional Regulation (DBPR). The appointment is effective Monday, Feb. 22, 2021. 

“Julie brings a unique blend of experience in the private and public sectors, as well as the legal field, including over 10 years of service on the Florida Public Service Commission and various corporate positions. I’m confident she will do a great job in our continued fight to cut red tape and ease regulation on our businesses and hard-working Floridians,” Gov. DeSantis said.

Brown has most recently served on the Florida Public Service Commission (PSC) since 2011 and was commission chair from January 2016 to January 2018. Prior to serving on the PSC, Brown was associate legal counsel of First American Corporation; a corporate attorney at Shumaker, Loop and Kendrick, LLP in Tampa; director of franchise sales and development for Checkers Drive-In Restaurants, Inc.; and an assistant city attorney for the City of Tampa. 

She graduated magna cum laude with a Bachelor of Science from the University of Florida, earned a Juris Doctorate from the University of Florida Levin College of Law, is a member of the Florida Bar, and is a member of Leadership Florida, Class XXXIII.

FICPA Federal Tax Committee urges IRS to address communications issues

The FICPA Federal Taxation Committee on Feb. 10 submitted a letter to Internal Revenue Service commissioner Charles Rettig, highlighting the ongoing challenges practitioners are encountering when communicating with the agency.

The letter, signed by committee chair Carol Vance, expresses several taxpayer-service-quality concerns related to hold times, dropped calls, and call-processing problems. 

The committee urged the commissioner to address these issues in order to better assist taxpayers during this year’s filing season.

• Read the full letter here

FICPA Federal Tax Committee issues response to IRS Notice 2020-76 

The FICPA Federal Taxation Committee on Jan. 27 submitted a letter to the IRS in response Notice 2020-76. The notice extends the due date for certain 2020 information-reporting requirements under sections 6055 and 6056 of the Internal Revenue Code from Jan. 31, 2021, to March 2, 2021.   

The notice also provides relief from the section 6721 and section 6722 penalties for certain aspects of the 2020 information-reporting requirements under sections 6055 and 6056.  

Finally, the notice called for comments as to whether and how the reporting requirements under section 6055 and 6056 may need to change, if at all, for future years. 

• Read the full letter here

IRS issues guidance on health FSAs and dependent care assistance programs  

On Thursday, the Internal Revenue Service provided guidance on employee benefit plans offering health flexible spending arrangements (FSAs) and dependent care assistance programs provisions of the Taxpayer Certainty and Disaster Tax Relief Act of 2020. 

Notice 2021-15 addresses the following areas related to health FSAs and dependent care assistance programs: 

• Carryover of unused amounts from the 2020 and 2021 plan years.
• Extends the permissible period for incurring claims for plan years ending in 2020 and 2021.
• Special rules regarding post-termination reimbursements from health FSAs.
• Provides a special claims period and carryover rule for dependent care assistance programs when a dependent “ages out” during the COVID-19 public health emergency.
• Allows certain mid-year election changes for health FSAs and dependent care assistance programs for plan years ending in 2021.

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Contributing to the Florida CPA/PAC helps protect the trust, confidence and esteem the CPA certificate holds in the public’s eye.

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With the Florida Legislative Session just weeks away, our director of governmental affairs, Justin Thames, offers this latest edition of IMPACT Report. He'll cover:

• The status of Florida House and Senate bills 
• Important dates for the 2021 Legislative Session
• The reopening of the PPP loan portal
• COVID liability reform
• And the National Taxpayer Advocate's Annual Report to Congress

FICPA 2021 State Legislative Policies

Bill Tracker

HB 15: Sales and Use Tax by Rep. Chuck Clemons 
Revises conditions for certain dealers subject to sales tax; deletes exemption for certain dealers from collecting local option surtaxes; provides certain marketplace providers are subject to registration, collection, and remittance requirements for sales taxes; requires marketplace providers to provide certification to marketplace sellers; specifies requirements for marketplace sellers; requires marketplace providers to allow DOR to audit books and records; provides that marketplace seller is liable for sales tax collection and remittance; authorizes marketplace providers and marketplace sellers to enter into agreements to recover certain taxes, interest, and penalties; grants DOR settlement and compromise authority for marketplace sales; removes authority of DOR to negotiate collection allowance with certain dealers.

Effective Date: 7/1/2021
Status: 11/30/2020 House - Filed 

HB 7: Civil Liability for Damages Relating to COVID-19 by Rep. Lawrence McClure  
Referred to Civil Justice and Property Rights Subcommittee; Pandemics and Public Emergencies Committee; Judiciary Committee 

Provides requirements for civil action based on COVID-19-related claim; provides that plaintiff has burden of proof in such action; provides statute of limitations; provides retroactive applicability. 

Effective Date: Upon becoming a law 
Status: Voted Favorable by Civil Justice and Property Rights Subcommittee - YEAS 11, NAYS 6 

SB 152: Regulatory Reform by Senator Manny Diaz 
Referred to Governmental Oversight and Accountability; Appropriations Subcommittee on Agriculture, Environment, and General Government; Appropriations; Rules 

Establishing the Red Tape Reduction Advisory Council within the Executive Office of the Governor; requiring an agency adopting a rule to submit a rule replacement request to the Administrative Procedures Committee; requiring the committee to examine rule replacement requests and existing rules; requiring the Administrative Procedures Committee to establish a regulatory baseline of agency rules; providing that a proposed rule may not cause the total number of rules to exceed the regulatory baseline, etc.

Effective Date: 7/1/2021
Status: Filed and referred to Committee 

SB 344: Legislative Review of Occupational Regulations by Senator Manny Diaz 
Referred to Governmental Oversight and Accountability; Appropriations; Rules 

Citing this act as the "Occupational Regulation Sunset Act"; establishing a schedule for the systematic review of occupational regulatory programs; providing for the abolition of personnel positions responsible for repealed programs; requiring the Department of Legal Affairs to prosecute or defend certain pending causes of action, etc. 

Effective Date: Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law 
Status: Filed and referred to Committee 

SB 154: Local Government Fiscal Transparency by Senator Manny Diaz 
Referred to Community Affairs; Finance and Tax; Appropriations 

Expanding the scope of a Legislative Auditing Committee review to include compliance with local government fiscal transparency requirements; providing procedures for the Auditor General and local governments to comply with the local government fiscal transparency requirements; revising reporting requirements for certain local government economic development incentives; creating the “Local Government Fiscal Transparency Act”; requiring local governments to post certain voting record information on their websites, etc.

Effective Date: 7/1/2021
Status: Filed and referred to Committee 

Important Dates for 2021 Legislative Session

Other News

TODAY Is the Day! SBA Set to Open Second Round of PPP Loan Portal 

The U.S. Small Business Administration, in consultation with the U.S. Treasury Department, will reopen the Paycheck Protection Program (PPP) loan portal to PPP-eligible lenders with $1 billion or less in assets for First and Second Draw applications on Friday, Jan. 15, 2021, starting at 9 a.m. ET. The portal will fully open on Tuesday, Jan. 19, 2021 to all participating PPP lenders to submit First and Second Draw loan applications to SBA. 

First Draw PPP Loans are for those borrowers who have not received a PPP loan from the first round, which ended on Aug. 8, 2020. 

• SBA - First Draw PPP Loans 
• IFR - Business Loan Program Temporary Changes; Paycheck Protection Program as Amended
• 1/13/21 - SBA Procedural Notice

Second Draw PPP Loans are for eligible small businesses with 300 employees or less, that previously received a First Draw PPP Loan and will use or have used the full amount only for authorized uses, and that can demonstrate at least a 25% reduction in gross receipts between comparable quarters in 2019 and 2020. The maximum amount of a Second Draw PPP loan is $2 million. 

• SBA - Second Draw PPP Loans 
• IFR - Business Loan Program Temporary Changes; Paycheck Protection Program Second Draw Loans 

Other Resources:  

• SBA - PPP Loan Forgiveness   

Legislature Tackles COVID Liability Reform  

This past Wednesday, Jan. 13, the House Civil Justice and Property Rights Subcommittee passed the Civil Liability for Damages Relating to COVID-19 Act (HB 7). The legislation seeks to limit lawsuits arising out of the COVID pandemic. The Speaker of the House, Chris Sprowls, has pledged to push the measure through the legislative process quickly, saying, “Florida businesses and organizations that do the right thing should not fear being drowned by massive litigation costs. We are fast-tracking this COVID-19 liability protection bill to ensure that there is no potential for unscrupulous litigation to threaten Florida’s economic recovery. Ours is the most aggressive liability protection bill in the nation.” 

National Taxpayer Advocate Delivers Annual Report and Legislative Recommendations to Congress 

National Taxpayer Advocate Erin M. Collins released her 2020 Annual Report to Congress this week, focusing on the unprecedented challenges taxpayers faced in filing their tax returns and receiving refunds and stimulus payments during a year consumed by the COVID-19 pandemic.  

Among the challenges discussed in the report:  

• Refund delays due to COVID-19 processing backlogs
• Refund delays due to IRS fraud detection filters
• EIP underpayments
• Late notices
• Lack of information about backlogs, notices, and other problems

In addition to the concerns raised in her report, Collins released the fourth edition of the National Taxpayer Advocate’s “Purple Book,” a compilation of 66 legislative recommendations designed to strengthen taxpayer rights and improve tax administration. 

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